I  15 1 

MESSAGE 


PROM  THE 


PRESIDENT  OF  THE  UNITED  STATES, 

TRANSMITTING, 

In  compliance  with  a  resolution  of  the  House, 
of  the  6th  instant, 

THB 

PROCEEDINGS  OF  THE  COMMISSIONER 

APPOINTED 
UNDER  THE  ACT  TO  AUTHORIZE 


Payment  for  Property  lost,  captured,  or  destroyed 
by  the  enemy,  while  in  the  military  service 
of  the  United  States. 


December  23,  1816. 
Read  and  referred  to  the  committee  nppointed  on  the  6th  initant,  to 
inquire  into  the  decisions  of  Richard  Bland  Lee. 


WASHINGTON: 

PRINTED  BY  WILLIAM  A.  DAVIS. 

1816. 


Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Durst  Old  York  Lihrary 


To  the  House  of  Representatives 

of  the  United  States  : 
in  compliance  with  the  resolution  of  the  House 
of  Representatives,  of  the  6th  instant,  I  transmit 
to  them  the  proceedings  of  the  Commissioner  ap- 
pointed under  the  "  act  to  authorize  the  payment 
for  property  lost,  captured,  or  destroyed  by  the 
enemy,  while  in  the  military  service  of  the  United 
States,  and  for  other  purposes,"  as  reported  by 
the  Commissioner  to  the  Department  of  War. 

JAMES  MADISON 


December  21.  1816 


The  Acting  Secretary  of  War,  has  the  honour 
to  submit  to  the  President  the  report  made  by 
the  Commissioner  of  claims,  relative  to  his  pro- 
ceedings under  the  act  "authorizing  the  payment 
for  property  lost,  captured,  or  destroyed  by  the 
enemy,  while  in  the  military  service  of  the  United 
States,  and  for  other  purposes." 


GEO.  GRAHAM. 

December  20th,  1816, 


C  15  J 


REPORT. 


Office  of  Claims,  &c. 
Washington,  Dec.  17th,  1816. 

The  Commissioner  appointed  pursuant  to  the  law 
entitled,  "  An  act  to  authorize  the  payment  for 
property  lost,  captured,  or  destroyed,  by  the 
enemy,  while  in  the  military  service  of  the 
United  States,  and  for  other  purposes,"  in 
obedience  to  a  letter  from  the  Acting  Secretary 
of  War,  enclosing  a  resolution,  of  the  House  of 
Representatives,  passed  on  the  sixth  instant,  in 
the  following  words,  "  Resolved,  That  the 
President  of  the  United  States,  be,  and  he  is 
hereby  requested  to  lay  before  this  House,  the 
proceedings  of  the  commissioner  appointed 
under  the  act  passed  at  the  last  session  entitled, 
'An  act  to  authorize  the  payment  for  property 
lost,  captured,  or  destroyed  by  the  enemy,  while 
in  the  military  service  of  the  United  States,  and 
for  other  purposes  " 

RESPECTFULLY  REPORTS  

That  as  soon  as  he  received  from  the  President, 
a  notification  of  his  appointment,  he  proceeded  to 
the  execution  of  the  initiative  duties  required  from 
him,  by  preparing  such  rules  and  regulations,  rel- 
ative to  the  mode  of  presenting  claims,  and  taking 
?nd  authenticating  evidence  as  appeared  to  him 
to  be  necessary;  which  rules  and  regulations, 
haying  been  approved  by  the  President,  were 


8  [  15  ] 

published  in  the  form  of  notices,  as  enjoined  by 
the  said  act,  on  the  third  and  twenty-fourth  of 
June  last. 

In  forming  these  rules  and  regulations,  the  com- 
missioner endeavoured  to  enter  into  the  views  of 
the  Legislature,  by  giving  such  an  interpretation 
to  the  provisions  of  the  said  act,  as  might  secure 
substantial  justice  to  ihc  sufferers  intended  to  be 
relieved,  and  at  the  same  time,  guard  against  fraud 
mid  imposition.  On  this  part  of  the  subject  he 
begs  leave  to  refer  to  a  copy  of  the  said  notices, 
in  paper  marked  A. 

The  multifarious  losses  which  it  appears  to 
have  been  the  intention  of  the  Legislature  to  pro- 
vide for,  required  no  little  attention  to  separate  and 
define.    The  first  -ection  of  the  a  ;t  being  confined 
to,  "volunteers  or  drafted  militiamen,  whether  of 
cavalry,  mounted  riflemen,  or  infantry,"  and  limit- 
ed to  the  payment  for  horses  only,  admitted  cf  an 
easv  interpretation;  as  did  also  the  second  section 
confined  to  "  cavalry,  mounted  militia,  or  volun- 
teers," which  the  commissioner,  construed  also 
solely  to  apply  to  persons,  belonging  to  corps, 
not    in  the    regular   servxe  though  the  word 
-cavalry,"  usedm  contra  distinction  to  "mounted 
militia  or  volunteers,"  may  at  first  view  seem  to  in- 
dicate a  different  meaning,  and  to  be  intended  to 
extend  also  to  cavalry  in  the  regular  service. 
Tiiis  section  too  relates  solely  to  the  loss  of  hor- 
ses. , 
The  third  section  taking  a  larger  scope,  and 
involving  a  variety  of  cases  he  found  it  more  diffi- 
cult to  satisfy  himself  as  to  its  true  import.  The 
words  of  this  section  are     that  any  person,  who 
in  the  late  war  aforesaid,  has  sustained  damage, 
by  the  loss,  capture,  or  destruction,  by  an  enemy, 
pf  any  horse,  mule,  ox.  wagon,  cart,  boat,  sleigh, 


9 


jr  harness,  while  such  property  was  in  the  mili- 
tary service  of  the  United  States,  cither  by  im- 
pressment or  contrac  t,  except  in  cases,  where  the 
risk  to  which  the  property  would  be  exposed,  was 
agreed  to  be  incurred  by  the  ownei^  it  it  shall  ap- 
pear that  such  loss,  capture,  or  destruction  was 
without  any  fault  or  negligence  on  the  part  of  the 
owner,  and  any  person  who,  during  the  time  afore- 
said, has  sustained  damage  by  the  death  oi  any  such 
horse,  mule,  or  ox,  in  consequence  of  failure  on 
the  part  of  the  United  States,  to  furnish  the  same 
with  sufficient  forage  while  in  the  service  aforesaid, 
shall  be  allowed  and  paid  the  value  thereof." 

The  commissioner  was  at  first  disposed  to 
consider  the  first  clause  of  this  section  as  providing 
only  for  such  injuries  as  proceeded  from  the  acts 
of  an  enemy.  But  inasmuch  as  damage  by  an 
enemy,  must -almost  universally  happen  in  two 
ways,  either  "  by  capture  or  destruction,"  and  as 
there  were  many  other  losses  sustained  by  our 
citizens,  "  without  any  fault  or  negligence  on  the 
part  of  the  ow-icr,"  such  (or  instance  as  wagons 
and  teams,  lost  by  being  forced  to  attempt  to 
pass  streams  not  fordable,  contrary  to  tlie  opinion 
of  the  owners,  by  the  Compulsive  orders  of  mili- 
tary commanders;  on  further  reflection  he  was 
inclined  to  give  this  clause  a  more  extended  mean- 
ing and  'o  consider  the  word  46  less"  as  intended 
to  be  contra  distinguished  from  the  words  "  cap- 
ture or  destruction  by  an  enemy,"  and  to  denote 
such  injuries  as  might  have  happened  in  a  manner 
other  than  44  by  the  capture  and  destruction  of  an 
enemy,"  but  44  without  any  fault  or  negligence  on 
the  part  of  the  owner."  But  the  opinion  of  the 
executive  government,  being  in  fayour  of  adhering* 
to  the  first  interpretation,  the  commissioner  ha? 

2 


10 


felt  it  his  duty  to  conform  his  adjudications  thereto. 
See  paper  marked  13. 

Tne  two  first  sections  of  the  act  being  strictly 
confined  to  military  corps,  other  than  regulars, 
the  change  of  expression  in  the  third  section  in 
which  the  broad  words  "  any  person"  are  used, 
seemed  to  denote  that  its  provisions  were  intended 
to  apply  to  every  description  of  citizens,  whether 
they  belonged  to  the  regular  army,  or  to  the  mili- 
tia, or  volunteers  ;  and  inasmuch  as  the  militia  and 
volunteers,  while  in  actual  service  received  the 
pay  and  emoluments  of  regulars,  the  commissioner 
ultimately  inclined  to  the  opinion  that  losses  hap- 
pening under  similar  circumstances  to  persons  en- 
gaged in  either  service  were  intended  to  be  pro- 
vided for.  The  word  "  contract"  appeared  to 
him  to  be  of  extensive  import;  and  in  every  case 
as  well  in  the  regular,  as  in  the  militia  or  volun- 
teer service,  in  which  the  rank  of  the  officer  re-  . 
quired  that  he  should  furnish  himself  with  a  horse, 
that  by  accepting  of  his  appointment  he  entered 
"  into  a  contracC  with  the  government  to  do  so; 
and  having  done  so,  provided  such  horse  died  in 
consequence  of  a  failure  on  the  part  of  govern- 
ment to  furnish  sufficient  forage,  or  was  taken  by 
the  enemy  ;  that  a  regular  officer  ought  to  be  paid 
for  his  horse  in  the  same  manner  as  if  he  had  be- 
longed to  the  militia,  or  volunteer  corps.  But  on 
this  point  the  executive  government  having  consi- 
dered the  regular  officer  as  excluded  from  this 
benefit,  the  commissioner  has  felt  it  also  his  duty 
to  adapt  his  adjudications  to  that  opinion.  See 
paper  marked  B. 

The  fourth  section  admitted  of  an  easy  inter- 
pretation, applying  solely  to  the  loss  of  "  arms 
and  military  accoutrements"  ot  volunteers  or 
drafted  militiamen,  who  had  furnished  themselves 
with  the  same. 


[  15  ]  II 

The  fifth  section  is  in  these  words,  "  that  where 
any  property  has  been  impressed  or  taken  by 
public  authority,  for  the  use  or  subsistence  of  the 
army  during  the  iate  war,  and  the  same  shall  have 
been  destroyed,  lost,  or  consumed,  the  owner  of 
such  property  shall  be  paid  the  value  thereof, 
deducting  therefrom  the  amount  which  has  been 
paid  for  the  use  and  risk  of  the  same,  while  in  the 
service  aforesaid." 

This  section  has  been  construed  to  apply  to 
all  property  real  personal  or  mixed,  which  has 
been  impressed  or  taken  by  public  authority,  with- 
out the  consent  of  the  owner.  See  papers  market} 
A.  and  B. 

The  ninth  section  of  the  law  providing  for  losses 
of  greater  magnitude,  and  necessarily  involving 
the  payment  of  large  sums  of  money,  the  commis- 
sioner endeavoured  to  avail  himself  of  every  assis- 
tance which  appeared  to  be  within  his  reach,  to 
enable  him  to  give  to  it  a  fair,  a  reasonable,  and  a 
just  interpretation.  With  this  view,  erroneously 
supposing  that  he  had  a  right  to  do  so,  he  ad- 
dressed to  the  attorney-general,  the  great  law 
officer  of  the  government  the  letter  marked  C. 
In  reply  to  which  he  received  the  answer  marked 
D. 

Having  been  disappointed  in  obtaining  this  im- 
portant aid,  the  commissioner  regarding  the  office 
which  he  rilled,  as  a  kind  of  appendage  to  the  De- 
partment of  War,  addressed  to  the  Secretary 
thereof,  the  letter  marked  E.  enclosing  copies  of 
his  correspondence  with  the  attorney-general. 

From  this  officer  the  commissioner  indulged  the 
hope,  that  he  should  receive  such  an  exposition  as 
would  enable  him  to  fulfil  the  views  of  ihe  Legis- 
lature, by  affording  a  just  redress  to  the  sufferers 
intended  to  be  relieved,   Nor  was  this  expectation 


12 


t  '5  3 


disappointed  when  the  Secretary  after  due  con- 
sideration, and  no  doubt  consulting  the  best 
opinions,  addressed  to  him  on  the  seventh  of  Sep- 
tember, a  note  in  the  following  words: 

"  D<  partment  of  War, 
September  7th,  1810. 

"Sir, 

The  President  lias  been  pleased  to  direct,  that 
the  occupation  of  houses  and  buildings  by  the 
military  force  of  the  United  States,  is  embraced  by 
the  ninth  section  of  the  act  "  to  authorize  the 
payment  for  property  lost,  captured,  or  destroyed 
by  the  enemy,  while*  in  the  military  service  of  the 
United  States,  and  for  other  purposes,"  and  that 
compensation  shall  be  allowed  for  damage  sustain- 
ed in  consequence  of  such  occupancy,  in  the  same 
manner  as  if  such  houses  and  buildings  had  been 
occupied  as  a  military  deposite,  under  the  authority 
of  an  officer  or  agent  of  the  United  States. 

I  have  the  honour  to  be, 

Your  most  obedient,  and, 
Very  humble  Servant, 

(Sign?d)  WILLIAM  H.  CRAWFORD 

Richard  Bfand  Lee,  Esq.  Commissioner 

for  settling  t  laims  for  property  lost,  frc." 

The  commissioner  considered  this  letter  as 
sanctioning  his  own  interpretation  of  the  ninth 
section  of  the  said  law  ;  and  it  was  not  till  after 
he  received  this  note,  that  he  felt  himself  autho- 
rized to  give  to  it  a  practical  construction  by  a 
formal  adjudication. 

On  the  twenty-first  of  October,  the  commis- 
sioner received  from  the  Department  of  War,  as 
the  organ  of  the  executive  government,  a  more 
general  interpretation  of  the  law  in  the  following 
words : 


t  15  ] 


"  War  Department, 
21st  October,  1816. 

Pursuant  to  the  11th  section  of  the  act  making 
provision  for  property  lost,  captured,  or  destroyed 
by  the  enemy,  while  in  the  military  service  of  the 
United  States,  and  for  other  purposes  the  Presi- 
dent has  been  pleased  to  direct. 

That  the  first  and  second  sections  of  the  said 
act,  do  not  embrace  the  case  of  officers  of  the 
regular  army,  and  that  the  property  which  a 
regular  officer  may  have  taken  with  him  in  the 
service,  or  which  he  may  have  been  required  by 
law  to  keep,  is  not  comprehended  by  the  terms 
l>  impressed  or  by  contract,"'  used  in  the  third  sec- 
tion. 

That  the  provisions  of  the  third  section  extend 
only  to  losses  resulting  from  the  acts  of  the  enemy, 
or  from  the  failure  of  the  government  to  supply 
the  necessary  forage.  « 

That  the  ninth  section  oi  the  act  extends  only 
to  cases  of  destruction  of  property  by  the  enemy, 
which  are  justifiable  by  the  laws  of  civilized  war- 
fare. The  occupation  of  houses  or  Jxiiidings  as 
places  of  military  deposite,  or  by  an  armed  force, 
must  be  continued  up  to  the  time  of  the  destruc- 
tion That  ti.e  occupation  of  houses  or  buildings 
bv  an  armed  force  for  a  night  upon  a  march,  is  not 
within  the  meaning  of  the  said  section,  unless  in 
the  immediate  presence  of  an  enemy  That  no 
compensation  by  w  ay  of  interest,  rent  or  damage, 
can  be  allowed,  under  the  act,  for  the  time  which 
elapses  between  the  destruction  of  the  property 
and  the  decision  of  the  commissioner. 

That  the  act  does  not  extend  to  th^  case  of 
consequential  injury  resulting  Irom  the  destruction 
ef  houses  or  buildings  under  the  ninth  section. 

No  compensation  can,  therefore,  be  allowed  for 


[  15  j 


the  destruction  of  houses  or  buildings  not  occu- 
pied as  a  military  deposite  or  by  a  military  force. 

That  in  all  cases  of  doubt,  or  of  great  impor- 
tanae,  the  commissioner  shall  submit  the  evidence 
to  the  executive  before  any  decision  is  made. 

(Signed)       WILLIAM  H.  CRAWFORD. 
Richard  Bland  Lee,  esq. 

Commissioner,  <W.  &c. 

The  commissioner  will  close  this  subject,  by  re- 
ferring to  his  correspondence  with  the  Depart- 
ment of  W  ar,  mar  ked  F. 

The  number  of  adjudications  made  and  entered 
by  him  since  the  first  of  July,  under  special  acts, 
and  under  the  general  law  of  the  ninth  of  April, 
last,  amount  to  850;  the  total  sum  awarded,  to 
J?229,693TVV 

The  proofs,  in  every  case  decided  by  the  com- 
missioner, are  put  injfea  trunk,  the  key  of  which 
will  be  delivered  to  the  acting  Secretary  of  War; 
which  papers  are  so  sent  in  conformity  to  the  di- 
rection of  the  President,  and  pursuant  to  a  letter 
from  the  acting  Secretary  of  War,  bearing  date  on 
the  sixteenth  instant ;  a  copy  of  which  letter  is  re- 
ferred to  in  paper  marked  G. 

In  the  office,  a  record  of  all  the  adjudications 
was  made,  and  the  evidence  in  each  particular 
claim  was  hied  with  it.  The  office  was  at  all  times 
open,  and  free  liberty  allowed  to  every  citizen  t<* 
examine  either  the  adjudications  or  the  evidence. 

All  which  is  most  respectfully  submitted, 
RICHARD  BLAND  LEE, 

Commissioner,  Src. 

P.  S.  The  commissioner  thinks  proper  to  send 
a  copy  of  his  letter  to  the  Secretary  of  the  Navy,  in 
the  case  of  William  O'Neale  and  Robert  Taylor, 
dated  on  the  second  of  October,  last,  marked  H. 


I  i6  ]  u 

He  also  begs  leave  to  refer  to  certain  acts,  pass 
ed  at  the  last  session  of  Congress ;  many,  if  not 
all,  of  which  he  considered  as  cotemporaneous 
expositions  of  the  law  which  created  this  office., 

An  act  for  the  relief  of  William  Flood. 

An  act  for  the  relief  of  the  Supervisors  of  the 
•county  of  Clinton,  in  the  State  of  New-York. 

An  act  for  the  relief  of  Joseph  Wilson. 

An  act  for  the  relief  of  Asher  Palmer. 

An  act  authorizing  the  payment  for  the  court 
house  of  Hamilton,  in  the  State  of  Ohio. 

An  act  for  the  relief  of  the  President  and  Di- 
rectors of  the  Washington  Bridge  Company. 

An  act  for  the  relief  of  Charles  Todd. 

An  act  for  the  relief  of  Paul  D.  Butler. 

An  act  for  the  relief  of  Charles  Ross  and  Samuel 
Brcck,  surviving  executors  .of  John  Ross, deceased 


f 


lb 


t  ft  ] 


O/ft™  Claims  for  property  lost,  captured,  or 
destroyed  by  the  enemy  whiLt  in  the  military 
service  of  the  United  States,  during  the  late 

-  war.  ^ 

Washington,  June  3d,  181  ft. 

Notice  is  hereby  given,  pursuant  to  the  art  of 
the  United  8tatos,  passed  the  <)th  of  April  last, 
entitled,  "An  act  to  authorize  the  payment  for 
property  lost,  captured,  or  destroyed  by  the  enestry 
while  in  the  military  service  of  the  United  States3 
and  for  other  purposes,''  that  all  claims  provided 
for  by  the  said  act,  must  be  presented  at  this  office? 
on  or  before  the  ninth  day  of  April,  in  the  year 
1818;  as  if  not  presented  within  that  period,  they 
cannot  be  received,  examined  and  decided  on  at 
this  office. 

First  class  of  cases. 

The  claims  provided  for  by  the  said  act  are, 
First,  "Any  volunteer  or  drafted  militiaman, 
whether  of  cavalry,  mounted  riflemen,  or  infantry, 
who,  in  the  late  war  between  the  United  States 
and  Great  Britain,  has  sustained  damage  by>  the 
loss  of  any  horse  which  was  killed  in  battle,  or 
which  has  died  in  consequence  of  a  wound  therein 
received,  or  in  consequence  of  failure  on  the  part 
of  the  United  States  to  furnish  such  horse  with 
sufficient  forage  while  in  the  service  of  the  United 
States,  shall  be  allowed  and  paid  the  value  of  such 


[  15  ] 


17 


horse."  This  provision  comprehends  three  de- 
scriptions of  cases : 

1st.  A  horse  killed  in  battle. 

2d.  A  horse  dying  in  consequence  of  a  wound 

received  in  battle. 
3d.  A  horse  dying  in  consequence  of  not  being 
furnished  with  sufficient  forage  by  the  United 
States. 

To  substantiate  a  claim  of  either  description — 
1st.  The  order  of  the  government  authorizing 
the  employment  of  the  corps  to  which  the  original 
claimant  belonged,  or  the  subsequent  acceptance 
of  such  corps,  or  approbation  of  its  employment 
must  be  produced. 

2d.  The  certificate  of  the  officer,  or  surviving 
officer,  commanding  the  claimant  at  the  time  of  the 
iccident  on  which  the  claim  is  founded,  which  cer- 
tificate, if  not  given  while  the  officer  was  in  the 
service  of  the  United  States,  must  be  sworn  to; 
and  in  every  case  it  must,  if  practicable,  state  the 
then  value  of  the  horse  so  killed  or  dying.  Before 
any  other  evidence  will  be  received,  the  claimant 
must  make  oath  that  it  is  not  in  his  power  to  pro- 
cure that  which  is  above  specified;  and  that  the 
evidence  which  he  shall  produce  in  lieu  thereof,  is 
the  best  which  he  is  able  to  obtain.  In  every  case 
the  evidence  must  be  on  oath,  and  the  value  of  the 
horse  so  killed  or  dying,  ascertained.  All  evidence 
offered  must  be  taken  and  authenticated  in  the 
manner  hereinafter  directed,  and  in  all  these  cases 
the  claimant  must  declare  on  oath,  that  he  has  not 
received  another  horse  from  any  officer  or  agent 
of  the  government  in  lieu  of  the  one  lost. 


3 


[  <s  J 


Second  clases  of  cases. 

"  Any  person,  whether  of  cavalry  or  mounted 
riflemen,  or  volunteers,  who,  in  the  late  war  afore- 
said, has  sustained  damage  by  the  loss  of  a  horse, 
in  consequence  of  the  owntr  thereof  being  dis- 
mounted, or  separated  and  detached  from  the 
same,  by  order  of  the  commanding  officer,  or  in 
consequence  of  the  rider  being  killed  or  wounded 
in  battle,  shall  be  allowed  and  paid  the  value  of 
such  horse  at  the  time  he  was  received  into  the 
public  service."  This  class  comprehends  two 
descriptions  of  cases: 

1st.  When  the  owner  has  been  dismounted,  or 
separated  from,  and  detached  from  such  horse  bj 
order  of  the  commanding  officer. 

2nd.  When  the  rider  has  been  killed  or  wound- 
ed in  battle,  and  the  horse  lost  in  consequence 
thereof. 

The  same  evidence,  in  all  respects,  which  is 
required  in  the  first  class  of  cases  will  be  required 
in  this. 

Third  class  of  cases. 

Any  person  who,  in  the  late  war  aforesaid, 
has  sustained  damage  by  the  loss,  capture  or  de- 
struction by  an  enemy,  of  any  horse,  mule,  or  ox. 
wagon,  cart,  boat,  sleigh,  or  harness,  while  such 
property  was  employed  in  the  military  service  of 
the  United  States,  either  by  impressment  or  by 
contract;  except  in  cases  where  the  risk  to  which 
the  property  would  be  exposed,  was  agreed  to  be 
incurred  by  the  owner,  if  it  shall  appear  that  such 
loss,  capture,  or  destruction  was  without  any  fault, 
or  negligence  44  of  the  owner;  and  any  person  du- 
ring the  time  aforesaid,  who  has  sustained  damage 


L  15  ] 


by  the  death  of  such  horse,  mule-,  or  ox,  in  conse- 
quence of  failure  on  the  part  of  the  United  States, 
to  furnish  sufficient  forage  while  in  the  service 
aforesaid,  shall  he  allowed  and  paid  the  value 
thereof."   This  class  comprehends  two  cases: 

1st.  The  loss  or  destruction  of  property  by  an 
enemy,  taken  by  impressment,  or  engaged  by  con- 
tract, in  the  military  service  of  the  United  States ; 
being  either  a  horse,  a  mule,  an  ox,  wagon,  cart, 
boat,  sleigh,  or  harness,  excepting  articles  for 
which  the  owners  had  agreed  to  run  all  risks,  or 
which  were  lost  or  destroyed  by  the  fault  or  ne- 
gligence of  the  owners. 

2nd.  When  a  horse,  mule,  or  ox,  so  taken  or 
employed,  has  died  from  the  failure  of  the  United 
States  to  furnish  sufficient  forage. 

In  the  first  of  these  cases,  the  claimant  must 
produce  the  certificate  of  the  officer  or  agent  of 
the  United  States  who  impressed,  or  contracted 
for  the  property  abovementioned,  and  of  the  offi- 
cer, or  surviving  officer,  under  whose  immediate 
command  it  was  taken  or  destroyed  by  an  enemy. 
Such  certificates,  if  such  officers  or  agents  at  the 
time  of  giving  them,  be  not  in  the  military  service 
of  the  United  States,  must  be  sworn  to,  and  must 
positively  state  that  the  property  was  not  lost,  or 
destroyed  through  the  fault,  or  negligence  of  the 
owner,  and  that  the  owner  did  not  agree  to  run 
all  risks.  Furthermore,  the  usual  hire  of  the  ar- 
ticles so  impressed  or  contracted  for,  in  the  coun- 
try in  which  they  Were  employed  must  be  stated. 

In  the  second  case,  the  certificate  of  the  officer, 
or  agent,  of  the  United  States,  under  whose  com- 
mand such  horse,  mule,  or  ox,  was  employed  at 
the  time  of  his  death,  must  be  produced. 


'20 


Before  any  other  evidence  will  be  received,  the 
claimant  must  make  oath  that  it  is  not  in  his  power 
to  produce  that  which  is  above  specified;  and, 
further,  that  the  evidence  which  he  offers,  in  lien 
thereof,  is  the  best  which  he  is  able  to  obtain.  In 
every  case  the  evidence  must  state,  distinctly,  the 
time,  place,  and  manner  of  the  loss,  and  the  vaiue 
thereof. 

Fourth  class  of  cases. 

"  Any  person  who.  during  the  late  war,  has  acted 
in  the  military  service  of  the  United  States  as  a 
volunteer,  or  drafted  militia-man,  and  who  has  fur- 
nished T  imself  with  aims,  or  accoutrements,  and 
has  sustained  loss  by  the  capture  or  destruction  of 
them,  without  any  fault  or  negligence  on  his  part 
shall  be  allowed  and  paid  the  value  thereof. 
This  class  comprehends  two  cases  ; 

1st.  The  loss  of  such  arms  or  accoutrements 

by  the  enemy. 
2d.  The  loss  of  the  same  articles  in  any  other 
way,  without  the  fault  or  negligence  of  the 
•  owner. 

This  provision  does  not  include  the  clothing  of 
soldiers,  or  the  clothing  and  arms  of  officers  who, 
in  all  services,  furnish  at  their  own  risk  their  own. 
The  same  evidence,  in  all  respects,  is  required  in 
this  as  in  the  first  class,  and,  moreover,  that  the 
loss  did  not  happen  from  the  fault  or  negligence  of 
the  owner. 


I  15  ] 


21 


Fifth  class  of  cases. 

<fi  When  any  property  has  been  impressed  or 
taken,  by  public  authority,  for  the  use  or  subsist- 
ence of  the  army  during  the  late  war,  and  the  same 
shall  have  been  destroyed,  lost,  or  consumed,  the 
owner  of  such  property  shall  be  paid  the  value 
thereof;  deducting  therefrom  the  amount  which 
has  been  paid,  or  may  be  claimed,  for  the  use  and 
risk  of  the  same  while  in  the  service  aforesaid." 

This  provision  relates  to  every  species  of  pro- 
perty taken  or  impressed  for  the  use  and  subsist- 
ence of  the  army,  not  comprehended  in  any  of  the 
preceding  classes,  and  which  shall  have  been  in 
any  manner  destroyed,  lost  or  consumed  by  the 
army,  including  in  its  scope  all  kinds  of  provisions, 
forage,  fuel,  articles  for  clothing,  blankets,  arms 
and  ammunition;  in  fa  t,  every  thing  for  the  use 
and  equipment  of  an  arrnv.  v 

In  all  these  cases,  the  certificates  of  the  officers 
or  agents  of  the  United  States  taking  or  impressing 
any  of  the  aforesaid  articles,  authenticated  by  the 
officer  commanding  the  corps  for  whose  use  they 
were  taken  or  impressed — and,  furthermore,  of 
the  officers  and  agents  under  whose  command  the 
same  were  destroyed,  lost,  or  consumed,  specifying 
the  value  of  the  articles  so  taken  or  impressed*,  and 
destroyed,  lost,  or  consumed,  and  if  any  payment 
has  been  made  for  the  use  of  the  same,  the  amount 
of  such  payment ;  and  if  no  payment  has  been  made, 
the  certificate  must  state  that  none  has  been 
made. 

Before  any  other  evidence  will  be  received,  the 
claimant  must  make  oath,  that  it  is  not  in  his  pow- 
er to  procure  that  which  is  above  sftecifiedj  and. 
further,  that  the  evidence  which  he  offers  in  lieu 
thereof,  is  the  best  which  he  is  able  to  obtain, 


22 


E  is  3 


Under  this  provision,  no  claim  can  be  admitted 
for  any  article  which  has  not  been  taken  by  the 
orders  of  the  commandant  of  the  corps  for  whose 
use  it  may  be  stated  to  have  been  taken.  For 
any  taking,  not  so  authorized,  the  party's  redress 
is  against  the  person  committing  it. 

Sixth  and  last  class  of  rases. 

t;  When  any  person,  during  the  late  war,  hag 
sustained  damage  by  the  destruction  of  his  house 
or  building  by  the  enemy,  while  the  same  was  oc- 
cupied a.3  a  military  deposite,  under  the  authority 
of  an  officer  or  agent  of  the  United  States,"  he  shall 
be  allowed  or  paid  the  amount  of  such  damage; 
provided,  it  shall  appear  that  such  occupation  was 
the  cause  of  such  destruction." 

In  this  case,  the  certificate  of  tlte  officer  or  agent 
of  the  United  States,  under  whose  authority  any 
such  house  or  building  was  occupied,  must  be  fur- 
nished. Before  any  other  evidence  as  to  this  fact 
will  be  received,  the  claimant  must  make  oath, 
that  it  is  not  in  his  power  to  procure  such  certifi- 
cate, and  that  the  evidence  which  he  shall  offer  in 
3icu  thereof,  is  the  best  which  he  is  able  to  obtain. 

Furthermore,  in  all  the  cases  submitted  to  this 
office,  every  claim  must  be  accompanied  by  a 
statement,  on  oath,  by  every  claimant,  of  all  sums 
which  he  may  have  received,  on  account  of  such 
claim,  from  any  officer,  agent,  or  department  oJ 
the  government  of  the  United  States  ;  and  where 
he  has  received  nothing,  that  fact,  also,  must  be 
stated,  on  oath,  by  him. 

It  will  be  particularly  noted  by  claimants,  that 
the  preceding  rules  of  evidence  generally,  and 
more  especially,  apply  to  claims  which  shall  not 
exceed  in  amount  two  hundred  dollars,  and  that  in 


t  15] 


23 


ail  cases  in  which  the  claims  in  amount  shall  exceed 
two  hundred  dollars,  a  special  commissioner  will 
be  employed  to  take  testimony ;  but  in  these  cases, 
as  for  as  it  shall  be  practicable,  the  same  rules  of 
evidence  will  be  observed. 

In  all  cases  in  which  the  officers  or  agents  of  the 
United  States  shall  have  taken  or  impressed  pro- 
perty for  the  military  service  of  the  United  States, 
which  property,  so  taken  or  impressed,  shall  have 
been  paid  lor  by  them,  out  of  their  private  funds,  or 
the  value  thereof  recovered  from  them  in  due  course 
of  law,  such  officers  or  agents  are  entitled  to  the 
same  remuneration  to  which  the  oiiginal  owners  of 
the  property  would  be  entitled,  if  such  payment  or 
recovery  had  not  been  made,  and  can  settle  their 
claims  at  this  office,  producing  authentic  vouchers 
for  such  payment,  or  recovery.  Nor  will  any  origi 
nal  claimants  be  paid  through  this  office,  till  they 
release  all  claims  against  such  officers  or  agents  of 
the  United  States,  on  account  of  such  taking  01 
impressment. 

In  every  case,  no  claim  will  be  paid  but  to  the 
persons  originally  entitled  to  receive  the  same ;  or 
in  case  of  his  death,  to  his  legal  representative  ;  or, 
in  either  event,  attorney,  duly  appointed.  When 
attorneys  shall  be  employed,  it  is  reeommehcted  to 
the  parties  interested,  to  have  their  powers  execut- 
ed in  due  form. 

All  evidence  offered  must  be  sworn  to,  except 
the  certificates  of  officers,  who,  at  the  time  of  giving 
them,  shall  be  in  the  military  service  of  the  United 
States,  before  some  judge  of  the  United  States,  or 
of  the  states,  or  Territories  of  the  United  States,  or 
mayor  or  chief  magistrate  of  any  city,  town,  or  bo- 
rough, within  the  same,  or  a  justice  of  the  peace  ot 
any  State  or  Territory  of  the  United  States  duly 
authorized  to  administer  oaths,  of  which  authority. 


21 


[  15  ] 


proof  must  be  furnished,  either  by  a  certificate  un- 
der the  seal  of  any  State  or  Territory,  or  the  clerk 
or  prothonotary  of  any  court  within  the  same. 
But  the  seal  of  any  city,  town,  or  borough,  or  the 
attestation  of  any  judge  of  the  United  States  will 
require  no  further  authentication. 

An  offioe  is  opened  on  Capitol  Hill,  in  the  City 
of  Washington,  in  the  building  occupied  by  Con 
gress,  during  its  last  session,  for  the  reception  ol 
the  foregoing  claims.  t 

The  printers  in  the  United  States  or  Territories 
thereof,  who  are  employed  to  print  the  laws  of  the 
United  States,  are  requested  to  publish  this  notice 
for  eight  weeks  successively,  once  a  week  and  send 
their  bills  to  this  office  for  payment. 

All  persons  who  have  business  with  this  office j 
are  requested  to  address  their  letters  to  the  sub- 
scriber as  commissioner,  which  will  be  transmitted 
free  of  postage. 

RICHARD  BLAND  LEE, 

Commissioner  of  Claims, 


[15] 


25 


Dffice.  of  Claims  for  property  lost,  captured,  or  destroy- 
ed by  the  enemy  whilst  in  the  military  service  of  the 
United  Stutes,  during  the  late  war. 

Washington,  June  24,  1816, 
[Explanatory  supplemental  rule.] 

In  all  the  cases  comprised  in  the  notice  from 
this  office  of  the  3d  instant,  the  following  supple- 
mental regulation  must  be  observed  by  every 
claimant:  viz. 

Whenever  the  evidence,  on  each,  of  ^ny  officer 
of  the  late  army  of  the  United  State.*,  &ha!l  be 
taken,  or  the  certificate  of  any  officer,  in  service  at 
the  time  of  giving  it,  shall  bo  obtained,  such  evi- 
dence or  such  certificate  must  expressly  suite, 
whether  any  certificate  or  other  voir 
tion  to  the  claim  in  question,  has  been  <  -  in 
the  knowledge  of  such  officer.  The  ela  :uj*iit 
must  also  declare,  on  oath,  that  he  has  never  ic- 
ceived  from  any  person  any  such  certificate  or 
voucher,  or,  if  received,  must  state  the  cause  of  its 
non-production.  In  every  case  the  name  of  the 
officer  furnishing  such  certificate  or  voucher,  to- 
gether with  its  date,  as  near  as  can  be  ascertained, 
will  also  be  required. 

RICHARD  BLAND  LEE, 

Commissioner  of  Claims,  Sfc. 


1 


26 


[B] 

Copy  of  a  letter  from  the  Hon.  William  H.  Craw- 
ford, Secretary  of  War,  to  the  Commissioner. 

War  Department, 

October  21st,  1816. 

Pursuant  to  the  1 1th  section  of  the  act  44  making 
provision  for  property  lost,  captured,  or  destroyed 
by  the  enemy,  while  in  the  military  service  of  the 
United  States,  and  for  other  purposes,"  the  Presi- 
dent has  been  pleased  to  direct : 

That  the  first  and  second  sections  of  the  slid 
act  do  not  embrace  the  case  of  officers  of  the  re- 
gular army;  and  that  the  property  which  a  regular 
officer  may  have  taken  with  him  in  the  service,  or 
which  he  may  have  been  required  by  law  to  keep, 
is  not  comprehended  by  the  terms  "impressed,  or 
by  contract,*'  used  in  the  third  section  : 

That  the  provisions  of  the  3d  section  extend 
only  to  losses  resulting  from  the  acts  of  the  enemy, 
or  from  the  failure  of  the  government  to  supply 
the  necessary  forage: 

That  the  9th  section  of  the  act  extends  only  to 
cases  of  destruction  of  property  by  the  enemy, 
which  are  justifiable  by  the  laws  of  civilized  war- 
fan?  The  occupation  of  houses  or  buildings  as 
places  of  military  deposite,  or  by  an  armed  force, 
must  be  continued  up  to  the  time  of  the  destruc- 
tion : 

That  the  occupation  of  houses  or  buildings  by 
an  armed  force,  for  a  night,  upon  a  march,  is  not 
within  the  meaning  of  the  said  section,  unless  in 
the  immediate  presence  of  an  enemy : 

That  no  compensation,  by  way  of  interest,  rent, 
©r  damage  can  be  allowed,  under  the  act,  for  the 


t  15  1 


27 


time  which  elapses  between  the  destruction  of  the 
property  and  the  decision  of  the  commissioner: 

That  the  act  does  not  extend  to  the  case  of  con- 
sequential injury  resulting  from  the  destruction  of 
houses  or  buildings  under  the  ninth  section.  No 
compensation  can,  therefore,  be  allowed  for  the 
destruction  of  houses  or  buildings  not  occupied  as 
a  military  deposite,  or  by  a  military  force  : 

That  in  all  cases  of  doubt,  or  of  great  impor- 
tance, the  commissioner  shall  submit  the  evidence 
to  the  executive  before  any  decision  is  made. 

(Signed)       WILLIAM  H.  CRAWFORD, 
Richard  Bland  Lee,  esq. 

Commissioner,  frc.  &c. 


m 

Office  of  Claims  for  property  lost,  &c. 

Washington,  July  1,  1816, 

Sir, 

Several  claims  have  been  submitted  to  me  as 
provided  for  by  the  9th  section  of  the  law  of  the 
United  States,  entitled  "  An  act  to  authorize  the 
payment  for  property  lost,  captured,  or  destroyed 
while  in  the  military  service  ©f  the  United  States, 
and  for  other  purposes."  The  words  of  the  law 
are,  "  where  any  person,  during  the  late  war,  has 
sustained  damage  by  the  destruction  of  his  or  her 
house  or  building,  by  the  enemy,  while  the  same 
was  occupied  as  a  military  deposite  under  the  an- 


28  [  lb  ] 

thority  of  an  officer  or  agent  of  the  United  States, 
he  shall  be  allowed  and  paid  the  amount  of  such 
damage  :  Provided,  It  shall  appear  that  such  occu- 
pation was  the  cause  of  its  destruction." 

I  find  a  difficult)  in  determining  what  shall  be 
deemed  "  a  military  deposite"  in  the  meaning  of  the 
law. 

1.  Must  the  term  be  limited  to  the  storing  of 
munitions  of  war  ? 

2.  Can  it  be  extended  to  a  military  occupation, 
however  transient,  as  quarters  for  soldiers  for  a 
month,  a  week,  a  day,  or  a  less  time? 

3.  In  a  day  of  battle,  if  soldiers  retire  to  a  house 
to  use  it  as  a  fortress  from  which  to  annoy  the 
enemy,  without  the  order  of  an  officer,  will  such 
occupation  be  within  the  meaning  of  the  law? 

4.  In  a  day  of  battle,  if  soldiers  occupy  a  house 
for  such  purposes  by  order  of  an  officer,  however 
inferior  may  oe  his  grade,  will  such  occupation  be 
within  the  meaning  of  the  law  ?  Your  official  an- 
swers to  the  foregoing  questions  will  very  much 
oblige, 

Your  obedient  servant, 

RICHAKD  BLAND  LEE. 

The  Hon.  Rvhard  Rir.h, 
Attorney-General. 


29 


[D.] 

Copy  of  a  letter  from  the  honourable  Richard  Rush, 
Jlttomey-Gmcral,  to  the  Commissioner. 

Washington,  July  3,  1816. 
Sir,  .^f. 

I  have  had  the  honour  to  receive  your  letter 
Hated  the  first  of  this  montn. 

The  o5th  section  of  the  act  of  Congress  of  the 
21th  of  September,  1789,  is  the  only  law  marking 
down  the  public  duties  to  be  performed  by  the 
attorney-general;  and  I  have  never  felt  myself  at 
liberty  to  assume  the  responsibility  of  official 
opinions  not  enjoined  by  the  terms  or  scope  of  that 
law. 

I  beg  you,  sir,  to  be  assured  that  nothing  but 
an  unwillingness  to  depart  from  this  rule,  (which 
has,  also,  f  believe,  governed  those  who  have  here- 
tofore been  attorney-general,)  leads  me  to  decline 
giving  answers  to  the  questions  which  your  letter 
has  propounded  for  my  consideration. 

With  great  respect, 

I  am  your  most 

Obedient  servant, 
(Signed)  RICHARD  RUSH, 

R.  B.  Lee,  esquire. 


30 


t  '5  ] 


[E.] 

Office  of  Claims  for  property  lost,  frc, 

Washington,  July  5th,  1815. 

Sin, 

I  enclose  to  you  a  copy  of  my  letter  of  the  1st 
inst.  to  the  honourable  Attorney  General,  and  a 
copy  of  his  reply  of  the  3d.  Inasmuch  as  he  de- 
clines answering  the  questions  propounded  to  him, 
I  must  request  from  you  such  opinions  and  instruc- 
tions on  the  subject  as  you  may  deem  pertinent. 
I  have  the  honour  to  be, 

With  the  highest  consideration, 

Your  most  obedient  servant, 
RICHARD  BLAND  LEE 
The  hon.  Secretary  of  War. 


Office  of  Claims  dor  properly  lost,  8,-c. 
'  Washington,  October  28,  1816. 

SlF>  As  I  find,  from  conversation  with  Mr.  Gra- 
ham, chief  clerk  of  the  War  Department,  that  a 
doubt  is  entertained  by  him,  whether  the  claims 
of  the  inhabitants  of  Buffalo,  whose  houses  were 
destroyed  by  the  enemy  on  the  30th  of  Decem- 
ber, 1813,  and  on  the  1st  of  January,  1814,  came 
within  the  provisions  of  the  ninth  section  of  +  *? 


[  13  ] 


31 


Jaw  of  the  9th  of  April,  last,  under  which  I  aet, 
I  deem  it  proper  to  submit  to  the  consideration  of 
the  President  the  testimony  in  the  case  of  Giiman 
Fulsom,  before  I  definitively  decide.  This  case 
does  not  rest  on  such  strong  evidence  as  the  few 
in  which  I  have  made  awards.  From  my  conver- 
sation with  Mr.  Graham,  the  principal  objection 
to  the  Buffalo  claims  is  derived,  as  I  understand, 
from  the  official  declaration  of  the  enemy  to  our 
government,  that  the  village  of  Buffalo  was  burnt 
by  way  of  retaliation.  I  will  observe,  that  1  have- 
not  been  furnished  with  this  information  in  an  offi- 
cial form,  or  received  any  intimation  from  the  ex- 
ecutive government,  how  far  it  must  be  regarded 
in  opposition  to  the  testimony  of  our  own  citizens, 
taken  in  pursuance  of  the  directions  of  the  afore 
said  law  of  the  ninth  of  April,  last. 

It  is  certain  that  this  office  has  not  the  power  of 
going  out  of  the  limits  of  the  United  States  to  take 
testimony;  and  the  most  natural  place  to  obtain 
the  best  testimony  which  the  nature  of  the  case 
may  admit  of,  appeared  to  be  where  destruction 
was  made.  In  selecting  persons  to  take  tills  tes- 
timony, I  have  sought  out  such  as  stood  high  in 
the  confidence  of  the  government  of  New-York, 
and  who  held  respectable  judicial  stations.  t 
have  endeavoured,  in  every  instance,  both  in  the 
regulations  concerning  the  mode  of  taking  and 
authenticating  the  testimony,  and  examining  that 
testimoney  when  furnished,  to  fulfil  the  injunction 
of  the  law,  by  "paying  a  due  respect  as  well  to 
the  claims  of  individual  justice  as  to  the  interest  of 
the  United  States,"  which,  in  my  opinion,  will  be 
more  certainly  promoted  and  permanently  esta 
blished  by  acts  of  justice  and  retribution  to  its 
citizens  who  have  innocently  suffered  in  a  war 
waged  for  the  common  benefit,  than  consigning 


32 


[  15  ] 


them  to  undeserved  misery  and  want,  in  imitation 
of  governments  which  are  created  and  supported 
by  military  force,  and  do  not  rest,  like  ours,  on  the 
basis  of  justice  and  equality  of  rights. 

I  am  very  sensible  that  in  the  ad  judications  which 
t  am  bound  to  make,  it  will  be  extremely  difficult 
always  to  hit  precisely  the  middle  course  of  ren- 
dering a  reasonable  justice  to  the  claimant,  with- 
out, in  any  degree,  trenching  upon  t!ie  interest  of 
the  nation  But  here  humanity,  considering  the 
relative  situation  of  the  parties,  will  excuse  (if  any 
should  be  discoverd)  a  bearing  to  the  side  of 
poverty  and  wretchedness.  Enclosed  I  send,  also, 
a  newspaper,  which  exhibits  the  course  which  the 
British  government  has  pursued  relative  to  the 
losses  sustained  by  their  Canadian  subjects  during 
the  late  war,  as  well  from  the  acts  of  their  enemy 
as  their  own  army. 

I  shall  be  happy  to  receive  from  the  President 
his  instructions  relative  to  »he  case  herewith  sent, 
which  I  shall  consider  it  my  duty  to  obey.  Till 
then  I  shall  suspend  all  adjudications  under  the 
ninth  section  of  the  law.  I  am  confidently  impress- 
ed! that  the  awards  in  all  the  cases  which  I  have 
hitherto  decided,  relative  to  buildings  destroyed 
by  the  enemy  during  the  late  war.  will  be  found  in 
conformity  to  the  interpretation  and  instructions 
which  I  have  received  from  him,  unless  the  Buffalo 
cases  shall  be  excluded  by  the  official  declaration 
of  the  enemy. 

I  have  the  honour  to  be,  with  great  considera- 
tion and  respect, 

Your  obedient  servant, 

RICHARD  BLAND  LEE. 

The  Hon.  Secretary  of  War. 


[  15  ] 


33 


[F.] 

Office  of  Claims  for  the  property  lo?t.  &fc. 

Washington,  November  1st,  1816. 

I  have  received  your  note  of  to-day,  and  beg 
you  to  inform  the  President,  that  I  feel  it  my  duty 
to  conform  strictly  to  any  interpretation  which  he 
may  please  to  give  to  the  law  of  the  9th  of  April 
last,  to  authorize  4*  the  payment  for  property  lost, 
captured,  or  destroyed  by  the  enemy,  while  in  the 
military  service  of  the  United  States,  and  for 
other  purposes,"  and  that  no  decision  shall  be  made 
on  any  case  depending  on  the  ninth  section  of  the 
said  law,  till  I  receive  his  further  instructions. 

I  have  the  honour  to  be, 
With  very  great  respect  and  consideration, 

Your  most  obedient  servant, 

RICHARD  BLAND  LEE 

Hon.  George  Graham, 
•Acting  Secretary  of  War. 


34 


[F.] 

Copy  of  a  letter  from  the  honourable  George  Gruham. 
to  the  Commissioner. 


War  Department, 
November  1st,  181(3. 

/your  communications  dated  the  25th  and I  28th 
oflast  month,  have  ben  submitted  to  the  Presi- 
dent, who  has  instructed  me  to  say  that  the  third 
section  of  the  act,  "to  authorize  the  payment  for 
property  lost,  captured,  or  destroyed,"  &c.  will  not 
jnstily  the  payment  of  claims  lor  partial  injuries 
to  oxen  or  horses.  . 

I  am  also  instructed  by  the  President,  to  request 
that  you  will  suspend  all  decisions  under  the  ninth 
section  of  the  above-mentioned  act,  until  further 
advised. 

I  have  the  honour  to  be, 
With  great  respect, 

Your  most  obedient  servant, 

(Signed,  GEORGE  GRAHAM. 


£ 


35 


Copy  of  a  letter  from  the  Hon.  William  H,  Crawford, 
to  the  Commissioner. 

Department  of  War, 

September  7th,  1816. 

Sir, 

The  President  has  been  pleased  to  direct  that 
the  occupation  of  houses  and  buildings,  by  the  mi- 
litary force  of  the  United  States,  is  embraced  by 
the  ninth  section  of  the  act  "  to  authorize  the  pay- 
ment for  property  lost,  captured,  or  destroyed  by 
the  enemy  while  in  the  military  service  of  the 
United  States,  and  for  other  purposes  and  that 
compensation  shall  be  allowed  for  damage  sustain- 
ed in  consequence  of  such  occupancy,  in  the  same 
manner  as  if  such  houses  and  buildings  had  been 
occupied  as  a  military  deposite,  under  the  authority 
of  an  officer  or  agent  of  the  United  States. 

I  have  the  honour  to  be 

Your  most  obedient,  and 
Very  humble  servant, 

(Signed)         WILLIAM  H.  CRAWFORD. 

Richard  Bland  Lee,  esq. 

Commissioner  for  settling  claims 

for  property  lost,  fyq. 


[  15  ] 


m 

Copy  of  a  leiner  from  the  Hon.  George  Graham, 
Secretary  of  War. 

Department  of  War, 
December  16,  1816 

To  the  Commissioner. 
Sir, 

I  am  directed  by  the  President,  to  inform  you 
that  under  existing  circumstances,  it  is  thought 
propei  that  no  unal  decision  be  made  on  any  case 
now  depending,  or  that  may  be  exhibited  under 
the  act  *  to  authorize  the  payment  lor  property, 
lost,  captured,  or  destro)ed  by  the  enemy,  while 
in  the  military  service  of  the  United  States,  and 
for  other  purposes,"'  passed  the  9th  of  April,  1816. 
You  will,  however,  proceed  to  prepare  and  ar- 
range all  such  cases  for  decision,  when  it  shall  be 
deemed  proper. 

1  ha\e  to  request,  also,  that  you  immediately 
prepare  and  furnish  the  report  called  for  by  the  re- 
solution of  the  House  of  Representatives,  with 
which  you  have  been  furnished;  and  in  order  to 
avoid  the  delay  of  making  copies,  the  original  pro- 
ceedings may  be  furnished. 

I  have  the  honour  to  be, 
With  great  respect, 

Your  obedient  servant, 

(Signed)  GEORviE  GRAHA^ 

fiichar  d  Bland  Lee,  Esq. 
Commissioner  of  Chums,  fcc. 


f  i 


31 


[H.] 

Office  of  Claims  for  property  lost,  ice* 

Washington,  October  2d,  1816. 

Sir, 

Having  adjudged  to  Messrs.  William  O'Neale, 
and  Robert  Taylor,  the  owners  of  the  schooner 
Islet,  sunk  in  the  Patuxent,  by  order  of  commo- 
dore Barney,  during  the  late  war,  while  in  the 
service  of  the  United  States,  the  value  of  the  said 
vessel,  I  consider  it  my  duty  to  apprise  you  of 
the  circumstance,  as  from  this  date  the  said  vessel, 
in  her  present  condition,  must  be  regarded  as  the 
property  of  the  nation. 

Mr.  O'Neale,  informs  me  that  he  has  been  in- 
formed that  there  is  in  her  hold  from  twenty  to 
thirty  tons  of  cannon  ball,  and  one  or  two  cannon. 
It  will  rest  with  you  to  decide  whether  any  at- 
tempt should  be  made  to  save  the  vessel,  and  the 
articles  in  her  hold. 

I  am,  with  great  consideration 
And  respect,  your  most 
Obedient  servant, 

(Signed)  RICHARD  BLAND  LEE. 

Honourable  Benjamin  Crowninshicld, 
Secretary  of  the  JVavy. 

True  copy  from  the  letter  book,  taken  this  1 7th 
of  December,  1316. 

PERRIN  WILLIS,  Clerk, 


r. 


4 


